How would you advise the grinch


Problem

Answer the questions that follow the hypothetical fact situation.

Facts: Whoville is a small town in Ontario, population less than 500.

A green person whose real name is unknown, but who calls himself "The Grinch", feels that Christmas is just a commercialized holiday. He takes it upon himself to put an end to Christmas by entering the homes of various people on Christmas Eve and taking the presents from under their trees - not to mention he also steals their stockings that were hung up by the fireplace. One of the victims is a child named Cindy Lou Who.

Later that night, the Grinch has an epiphany and realizes that the spirit of Christmas is a good thing, and he returns all the presents. The Whoville Town Police charge the Grinch with several counts of Theft, as well as counts of Break-and-Enter.

You are a defence lawyer who is retained by The Grinch. He says that, when he took the property, he thought that he was justified in doing so: he thought that Christmas made people miserable and made them spend money that they didn't have, and he thought that he was doing the community a favour by putting an end to Christmas. In other words, he is raising the defence of "colour of right".

How would you advise The Grinch? In answering this question, explain what "colour of right" is, and in what circumstances it would be available. Also refer to at least one helpful case.

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